STATE OF PUNJAB Vs. CHAMPA MANGAT RAM

JUDGEMENT

(1.) THE solitary question presented for determination by Mr. Jagan Nath Kaushal, the learned Advocate-General for the State of Haryana (who has appeared for the State as well as for the State Electricity Board ). In this Regular First Appeal against the judgment and decree, dated October 10, 1960, of the Court of Shri Sugan Chand Jain, Senior Subordinate Judge, Gurgaon, for Rs. 8,640/- and costs, in favour of Mst. Champa respondent on account of damages for the death of her 20 years old son Hukam Chand on May 30, 1958, by being electrocuted by the stay wire of a terminus pole near the Civil Courts at Gurgaon, is whether the appellant and / or their servants and employees were or were not negligent in looking after the electric pole and its stay wire so as to avoid or repair the leakage of electric energy in the stay wire which admittedly caused the electrocution of Hukam Chand. The finding of the trial Court on issue No. 1 alone out of the following issues which had been framed by the trial Court from the pleadings of the parties in the respondent's claim for Rs. 11,000/- on account of damages has been questioned :- "1. whether the death of Hukam Chand was the result of any negligence or lack of supervision on the part of the servants of the Electricity Department?

(2.) WHETHER the death of Shri Hukam Chand was a case of vis major as pleaded by the defendants? If so what is its effect ?

(3.) IF issue No. 1 is proved in favour of the plaintiff, whether defendants are not liable for the payment of damages for the death of Shri Hukam Chand ?